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WEAVER v. METROPOLITAN LIFE INS. CO.

No. S80-0031C.

545 F.Supp. 74 (1982)

George WEAVER, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant.

United States District Court, E. D. Missouri, Southeastern Division.

On Motion to Set Aside Judgment August 6, 1982.

Attorney(s) appearing for the Case

Mark Kennedy, Poplar Bluff, Mo., C. H. Parsons, Jr., Parsons & Mitchell, Dexter, Mo., for plaintiff.

John L. Oliver, Jr., Rebecca Cook, Oliver, Oliver, Waltz & Cook, Cape Girardeau, Mo., for defendant.

MEMORANDUM

WANGELIN, Chief Judge.

This matter is before the Court for a decision on the merits following a one day trial held November 11, 1980. Plaintiff seeks judgment on a two count complaint which includes claims of fraudulent misrepresentation and a willful, malicious, and wanton deprivation of plaintiff's contract rights under a policy of insurance issued by defendant. Plaintiff prays for an accounting, a refund of all premiums not returned to the...

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